Loading...
HomeMy WebLinkAboutResolution No. R17-10 RESOLUTION NO. R17-10 A RESOLUTION ACCEPTING THE BID SUBMITTED BY COTTER'S SEWER, SEPTIC & PORTABLE TOILET SERVICE FOR SEWER REPAIR AND REPLACEMENT WORK AT CITY HALL AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT ON BEHALF OF THE CITY. BE IT RESOLVED by the City Council of the City of Laurel, Montana: Section 1: Acceptance. Based on recommendations of the City Staff, the City Council finds the bid amount of $22,250.00 submitted by Cotter's Sewer, Septic & Portable Toilet Service("Cotter's") is in the best interest of the City of Laurel. Section 2: Approval. The Contract between the City of Laurel and for the work described in the attached Contract and the Exhibit A is accepted and approved. Section 2: Execution. The Mayor and City Clerk/Treasurer of the City of Laurel are hereby given authority to accept and execute the Contract on behalf of the City. Section 3: Effective date. The effective date for the attached Contract is hereby approved upon approval by the City Council. Introduced at a regular meeting of the City Council on April 18, 2017, by Council Member Stokes PASSED and APPROVED by the City Council of the City of Laurel this 18th day of April, 2017. APPROVED by the Mayor this 18`h day of April, 2017. CI OF LAU' L Mark/!'' ace, Mayor ATTEST: Bethany K , Clerk/Treasurer Appr ed form: Sam S. Painter, Civil City Attorney R17-10 Approve Cotter's Sewer, Septic&Portable Toilet Service Contract INDEPENDENT CONTRACTOR SERVICE CONTRACT This Contract is made and entered into this 18th day of April, 2017, between the City of Laurel, a municipal corporation organized and existing under the laws of the State of Montana whose address is P.O. Box 10, Laurel, Montana 59044, hereinafter referred to as "City" and Cotter's Sewer, Septic & Portable Toilet Service, a contractor licensed to conduct business in the State of Montana, whose address is P.O. Box 967, Laurel, Montana 59044, hereinafter referred to as "Contractor". SECTION ONE DESCRIPTION OF SERVICES A. Purpose. City shall hire Contractor as an independent contractor to perform for City the services described in the Bid dated April 10, 2017, attached hereto as Exhibit "A" and by this reference made part of this contract. B. Effective Date. This contract is effective upon the date of its execution by both Parties. Contractor shall complete the services within 60 days of commencing work. The parties may extend the term of this contract in writing prior to its termination for good cause. C. Scope of Work. Contractor shall perform his/her work and provide services in accordance with the specifications and requirements of this contract, any applicable Montana Public Work Standard(s) and Exhibit "A". SECTION Two CONTRACT PRICE Payment. City shall pay Contractor twenty-two thousand two hundred fifty dollars ($22,250.00) for the work described in Exhibit A. Any alteration or deviation form the described work that involves extra costs must be executed only upon written request by the City to Contractor and will become an extra charge over and above the contract amount. The parties must agree to extra payments or charges in writing. Prior to final payment, Contractor shall provide City with an invoice for all charges. SECTION THREE CITY'S RESPONSIBILITIES Upon completion of the contract and acceptance of the work, City shall pay Contractor the contract price, plus or minus any additions or deductions agreed upon between the parties in accordance with Sections one and two, if any. SECTION FOUR CONTRACTOR'S WARRANTIES AND RESPONSIBILITIES A. Independent Contractor Status. The parties agree that Contractor is an independent contractor for purposes of this contract and is not to be considered an employee of the City for any purpose hereunder. Contractor is not subject to the terms and provisions of the City's personnel policies or handbook and shall not be considered a City employee for workers' compensation or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in any dealings, agreements or sub-contracts in any dealings between Contractor and any third parties. The City is Page 1 of 5 interested solely in the results of this contract. Contractor is solely responsible for all work and work product under this contract, including techniques, sequences, procedures, and means. Contractor shall supervise and direct the work to the best of his/her ability. B. Wages and Employment. Contractor shall abide by all applicable State of Montana Rules, Regulations and/or Statutes in regards to prevailing wages and employment requirements. Contractor shall comply with the applicable requirements of the Workers' Compensation Act. Contractor shall maintain workers' compensation coverage for all members and employees of his/her business, except for those members who are exempted as independent contractors under the provisions of§39-71-401, MCA. Contractor understands that all contractors or subcontractors working on publicly funded projects are required to have withheld from earnings a license fee of one percent (1%) of the gross contract price if the gross contract price is Five Thousand Dollars ($5,000) or more. This license fee is paid to the Montana Department of Revenue pursuant to Montana law. C. Unless otherwise specified by the terms of this Agreement, all materials and equipment used by Contractor on the Construction Project shall be new and where not otherwise specified, of the most suitable grade for their intended uses. D. All workmanship and materials shall be of a kind and nature acceptable to the City. E. All equipment, materials, and labor provided to, on, or for the Contract must be free of defects and nonconformities in design, materials, and workmanship for a minimum period beginning with the commencement of the work and ending one (1) year from completion and final acceptance by the City. Upon receipt of City's written notice of a defective or nonconforming condition during the warranty period, Contractor shall take all actions, including redesign and replacement, to correct the defective or nonconforming condition within a time frame acceptable to the City and at no additional cost to the City. Contractor shall also, at its sole cost, perform any tests required by City to verify that such defective or nonconforming condition has been corrected. Contractor warrants the corrective action taken against defective and nonconforming conditions for a period of an additional one (1) year from the date of City's acceptance of the corrective action. F. Contractor and its sureties are liable for the satisfaction and full performance of all warranties. G. Contractor has examined the facilities and/or has made field examinations. Contractor has knowledge of the services or project sought under this Contract and he/she further understands the site conditions to be encountered during the performance of this Contract. Contractor has knowledge of the types and character of equipment necessary for the work, the types of materials needed and the sources of such materials, and the condition of the local labor market. H. Contractor is responsible for the safety of the work and shall maintain all lights, guards, signs, temporary passages, or other protections necessary for that purpose at all times. I. All work is performed at Contractor's risk, and Contractor shall promptly repair or replace all damage and loss at its sole cost and expense regardless of the reason or cause of the damage or loss; provided, however, should the damage or loss be caused by an intentional or negligent act of the City, the risk of such loss shall be placed on the City. J. Contractor is responsible for any loss or damage to materials, tools, work product or other articles Page 2 of 5 it used or held for use in the completion or performance of the Contract. K. Title to all work, work product, materials and equipment covered by any payment of Contractor's compensation by City, whether directly incorporated into the Contract or not, passes to City at the time of payment, free and clear of all liens and encumbrances. SECTION FIVE INDEMNITY AND INSURANCE Contractor shall indemnify, defend and save City, its officers, agents and employees harmless from any and all losses, damage and liability occasioned by, growing out of, or in any way arising or resulting from any intentional or negligent act on the part of Contractor or its agents or employees. SECTION SIX COMPLIANCE WITH LAWS Contractor shall comply with all federal, state, local laws, ordinances, rules and regulations. Contractor shall either possess a City business license or shall purchase one, if a City Code requires a business license. SECTION SEVEN NONDISCRIMINATION Contractor agrees that any hiring of persons as a result of this contract must be on the basis of merit and qualification and further that Contractor shall not discriminate on the basis of race, color, religion, creed, political ideas, sex, age, marital status, physical or mental disability or national origin. SECTION EIGHT DEFAULT If either party fails to comply with any term or condition of this Contract at the time or in the manner provided for, the other party may, at its option, terminate this Contract and be released from all obligations if the default is not cured within ten (10) days after written notice is provided to the defaulting party. Said notice shall set forth the items to be cured. Additionally, the non-defaulting party may bring suit for damages, specific performance, and any other remedy provided by law except for punitive damages. The Parties hereby waive their respective claims for punitive damages. These remedies are cumulative and not exclusive. Use of one remedy does not preclude use of the others. Notices shall be provided in writing and hand-delivered or mailed to the parties at the addresses set forth in the first paragraph of this Contract. SECTION NINE TERMINATION Either party may terminate the contract for their convenience upon thirty days written notice sent postage prepaid, to the addresses provided herein. Page 3 of 5 SECTION TEN GOVERNING LAW AND DISPUTE RESOLUTION The Parties agree that the laws of the State of Montana govern this Contract. The Parties agree that venue is proper within the Courts of Yellowstone County, Montana. If a dispute arises, the Parties, through a representative(s) with full authority to settle a dispute, shall meet and attempt to negotiate a resolution of the dispute in good faith no later than ten business days after the dispute arises. If negotiations fail, the Parties may utilize a third party mediator and equally share the costs of the mediator or file suit. SECTION ELEVEN ATTORNEY FEES If any action is filed in relation to this agreement, the unsuccessful party in the action shall pay to the successful party, in addition to all sums that either is ordered to pay, a reasonable sum for the successful party's attorney's fees and all costs charges and expenses related to the action. SECTION TWELVE ENTIRE AGREEMENT This contract and its referenced attachment and Exhibit A contain the entire agreement and understanding of the parties and supersede any and all prior negotiations or understandings relating to this project. This contract shall not be modified, amended, or changed in any respect except through a written document signed by each party's authorized respective agents. SECTION THIRTEENTH ASSIGNMENT OF RIGHTS The rights of each party under this Contract are personal to that party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other party. SECTION FOURTEEN SEVERABILITY Each provision, section, or subsection of this Contract shall stand separate and independent of every other. In the event that a court of competent jurisdiction shall find any provision, section, or subsection of this contract to be invalid, the remaining provisions, sections, and subsections of this contract shall remain in full force and effect. SECTION FIFTEEN PARAGRAPH HEADINGS The titles to the paragraphs of this contract are solely for the convenience of the parties and shall not be used to explain, simplify, or aid in the interpretation of the provisions of this agreement. Page 4 of 5 SIGNED AND AGREED BY BOTH PARTIES ON THE 18TH DAY OF APRIL, 2017. CI7 OF LAU Ry L CONTRACTOR ..."( k. Mark A. Mabe, Mayor r Cott s Sewer, Septic & Portable Toilet Service ATTEST: Employer Identification Number Bethany Ke ADD Clerk/Treasurer 5 of5 EXHIBIT A COTTER'S SEWER, SEPTIC & Estimate PORTABLE TOILET SERVICE PO Box 967 Date Estimate# Laurel, MT 59044 406-628-5989 4/10/2017 146 Billing Address Service Address CITY OF LAUREL-PUBLIC WORKS City Hall P.O.BOX 10 LAUREL,MT 59044 Description Qty Rate Total 1 We propose: 1.Obtain utility 811 locates and private locates. 2.After the carpet is removed by others:Tarp off the work area inside the storage room. 3.Saw cut the concrete inside the storage room. 4.Remove and dispose of the concrete. 5.Excavate inside the building for new sewer line. 6.Saw cut the asphalt in the street. 7.Excavate from outside the building,across the lawn to the curb. 8.Install traffic control.Remove and dispose of the asphalt in 2nd Ave. 9.Excavate down 4'using tractors. 10.Expose lines in the street using hydro vactor. 11.Cut old sewer line inside the building. 12.Run new PVC sewer service from inside the building out West under the foundation to the City sewer main on 2nd Ave. 13.Test new sewer service. 14.Back fill the street with flowable concrete for compaction. 15.Backfill and compact lawn and inside the building. 16.Replace concrete and asphalt. Labor,Equipment,Traffic Control,and Materials 1 22,250.00 22,250.00 ***We are not responsible for any unmarked or abandoned lines that are damaged by excavation.*** 701E11WE APR 1 0201 I CITY OF LAUREL Thank you for considering Cotter's.We look forward to working with you. This bid is void after 60 days. APPROVED BY: Signature Total $22,250.00 • Form W.9 Request for Taxpayer Give form to the (Rev.November2005) Identification Number and Certification requester.Do not • Department of the Treasury send to the IRS. Internal Revenue Service .i Name(as shown on your income tax return) a) (-1IJIVVi kiC,vtt� Hold(kir . I ter✓ a Business name,if erent from above 07 C49 'S ceAhlidr ► ce.40h L., and fia' l Ca►Grf 't4Lei O.o Individual/ ,y/ Exempt from backup • Check appropriate box: 1---1Soleproprietor 17 Corporation 0 Partnership 0 Other 0•• 0 withholding Address(number,street and apt.or suite no.) Requester's name and address(optional) 4 `Op c o>c '7(c1 CITY OF LAUREL City,state,and ZIP code P.O. Box 10 Lau ve-Jf tv1-r ').10(41-/ Laurel, Montana 59044 •a) List account number(s)here(optional) • w co Part I Taxpayer Identification Number(TIN) Enter your TIN in the appropriate box.The TIN provided must match the name given on Line 1 to avoid Social security number backup withholding.For individuals,this is your social security number(SSN).However,for a resident I I .I. I 4- I I I alien,sole proprietor,or disregarded entity,see the Part I instructions on page 3.For other entities,it is your employer identification number(EIN).If you do not have a number,see How to get a T/N on page 3. or Note.If the account is in more than one name,see the chart on page 4 for guidelines on whose Employer identification number number to enter. L4 IIp I I•I I Isis-1710 Part II Certification �J Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me),and 2. I am not subject to backup withholding because:(a)I am exempt from backup withholding,or(b)I have not been notified by the Internal Revenue Service(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends,or(c)the IRS has notified me that I am no longer subject to backup withholding,and 3. I am a U.S.person(including a U.S.resident alien). Certification instructions.You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your ttAx return.For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property,caqcellation of debt,contributions to an individual retirement arrangement(IRA),and generally,payments other than interest and dividends,you are not required to sign the Certification,but you must provide your correct TIN.(See the instructions on page 4.) Sign Signature of Here U.S.person ► . Date ► yf h// Purpose of Form • An individual who is a citizen or resident of the United A person who is required to file an information return with the States, IRS, must obtain your correct taxpayer identification number • A partnership,corporation,company, or association (TIN) to report,for example, income paid to you, real estate created or organized in the United States or under the laws transactions, mortgage interest you paid,acquisition or of the United States, or abandonment of secured property,cancellation of debt,or • Any estate(other than a foreign estate)or trust.See contributions you made to an IRA. Regulations sections 301.7701-6(a)and 7(a)for additional U.S. person.Use Form W-9 only if you are a U.S.person information. (Including a resident alien),to provide your correct TIN to the Special rules for partnerships.Partnerships that conduct a person requesting it(the requester)and,when applicable,to: trade or business in the United States are generally required 1. Certify that the TIN you are giving is correct(or you are to pay a withholding tax on any foreign partners'share of waiting for a number to be issued), income from such business. Further,in certain cases where a 2.Certify that you are not subject to backup withholding,or Form W-9 has not been received,a partnership is required to 3. Claim exemption from backup withholding if you are a presume that a partner is a foreign person,and pay the U.S.exempt ppwithholding tax.Therefore, if you are a U.S. person that is a partner in a partnership conducting a trade or business in the In 3 above, if applicable,you are also certifying that as a United States,provide Form W-9 to the partnership to U.S.person, your allocable share of any partnership income establish your U.S.status and avoid withholding on your from a U.S.trade or business is not subject to the share of partnership income. withholding tax on foreign partners'share of effectively connected income. The person who gives Form W-9 to the partnership for Note.If a requester gives you a form other than Form W-9 to. purposes of establishing its U.S.status and avoiding request your TIN, you must use the requester's form if it is partnershipwithdinon conductingits allocable share businessf net income from the substantially similar to this Form W-9. isn efolloa trade or in the United States is in the following cases: For federal tax purposes,you are considered a person if you • The U.S.owner of a disregarded entity and not the entity, are: Cat.No.10231X Form W-9 (Rev. 11-2005)